Criminal Law BLOG 843-822-9800
June 3rd, 2013 | by jim-courtney-administrator
On May 22, 2013 The Supreme Court of South Carolina found unconstitutional a provision in §23-3-540(C) and (H), commonly known as Jessica’s Law. That law mandates that “when an individual has been convicted of engaging in or attempting criminal sexual conduct with a minor in the first degree (CSC-First) or lewd act on a minor, […] - read more
May 22nd, 2013 | by jim-courtney-administrator
A directed verdict is a home run for a defense attorney. It means the defendant doesn’t even have to put on a defense to the charges, because the judge agrees there is not enough credible evidence to convict the defendant. I have been fortunate enough to win a directed verdict in a trial, but for […] - read more
May 15th, 2013 | by jim-courtney-administrator
In a recent case heard in the South Carolina Court of Appeals, an interesting concept has come up. It is the idea that if you are held in contempt by the court for a certain action, that double jeopardy attaches and you cannot be prosecuted for the same crimes that you were found in contempt […] - read more
May 10th, 2013 | by jim-courtney-administrator
In an opinion filed this week in the South Carolina Supreme Court (Opinion No. 27250), we see the benefits and the pitfalls of a defendant pleading guilty in an “Alford” plea. For those who are not familiar with what that is, basically it is a plea bargain where the defendant’s position is that he wants […] - read more
April 19th, 2013 | by jim-courtney-administrator
Those of us who handle DUI cases watched this case (Missouri v. McNeely) closely for the potential effects on how DUI cases are investigated. The Supreme Court of the United States (SCOTUS), in an opinion written by Justice Sotomayor, has ruled in this case on the need for a warrant when the officer wishes to […] - read more